This document is an excerpt from the EUR-Lex website
Document 62020CO0378
Order of the Court (Eighth Chamber) of 25 February 2021.
Stadtapotheke E v Bezirkshauptmannschaft Linz-Land.
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Application for a licence for a new pharmacy – Obligation to request an expert opinion from the chamber of pharmacists – Freedom to choose an occupation and right to engage in work – Freedom to conduct a business – Right to property – Conditions for the establishment of a new pharmacy – Proportionality – Failure to implement EU law – Article 53(2) and Article 94 of the Rules of Procedure of the Court – Clear lack of jurisdiction of the Court.
Case C-378/20.
Order of the Court (Eighth Chamber) of 25 February 2021.
Stadtapotheke E v Bezirkshauptmannschaft Linz-Land.
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Application for a licence for a new pharmacy – Obligation to request an expert opinion from the chamber of pharmacists – Freedom to choose an occupation and right to engage in work – Freedom to conduct a business – Right to property – Conditions for the establishment of a new pharmacy – Proportionality – Failure to implement EU law – Article 53(2) and Article 94 of the Rules of Procedure of the Court – Clear lack of jurisdiction of the Court.
Case C-378/20.
Court reports – general
ECLI identifier: ECLI:EU:C:2021:130
Order of the Court (Eighth Chamber) of 25 February 2021 – Stadtapotheke E
(Case C‑378/20) ( 1 )
(Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Application for a licence for a new pharmacy – Obligation to request an expert opinion from the chamber of pharmacists – Freedom to choose an occupation and right to engage in work – Freedom to conduct a business – Right to property – Conditions for the establishment of a new pharmacy – Proportionality – Failure to implement EU law – Article 53(2) and Article 94 of the Rules of Procedure of the Court – Clear lack of jurisdiction of the Court)
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Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Request for an interpretation of the Charter of Fundamental Rights of the European Union – National legislation not constituting a measure implementing EU law and not having any other connection with EU law – Clear lack of jurisdiction of the Court (Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 51(1); Rules of Procedure of the Court of Justice, Arts 53(2) and 94) (see paras 28-31, 34, operative part) |
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Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Request for an interpretation of general principles of EU law – National legislation which falls outside of the scope of EU law and which does not implement EU law – Clear lack of jurisdiction of the Court (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Arts 53(2) and 94) (see paras 32-34, operative part) |
Operative part
The Court of Justice of the European Union clearly lacks jurisdiction to answer the questions referred by the Landesverwaltungsgericht Oberösterreich (Regional Administrative Court, Upper Austria, Austria) by decision of 10 August 2020.
( 1 ) OJ C 443, 21.12.2020.